The Board has decided to remand the Veteran's claim for service connection for chronic sleep apnea due to a pre-decisional error in failing to obtain a medical opinion that is sufficient to make an informed decision on the claim. The claim will be reconsidered with the provision of a medical opinion concerning the etiology of the Veteran's sleep apnea and whether it is related to toxic exposures in service.
The deciding factor: The Board found pre-decisional errors in failing to obtain a medical opinion that addresses the relationship between the Veteran's sleep apnea and his service, including exposure to burn pits. The claim will be remanded for this purpose.
- Claimed conditions
- chronic sleep apnea
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Burn pits / airborne hazards
- Rating assigned
- None in this decision
- Decision date
- May 7, 2024
- Citation
- A24023515
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation A24023515.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Veteran's claims for service connection were denied in a February 2019 rating decision. The appeal was dismissed because the Veteran did not file a proper Notice of Disagreement using VA Form 21-0958, which is required under VA's legacy review system.
- Partly granted
The Veteran's service connection claim for chronic sleep apnea is granted, while the claim for Bell's palsy is remanded due to inadequate examination.
- Granted
The Veteran's service-connected disabilities, including major depressive disorder with anxious distress and chronic sleep apnea, have rendered him unable to secure or follow a substantially gainful occupation. The Board finds that the criteria for a total disability rating based on individual unemployability are met.
- Dismissed
The Veteran withdrew his appeals for diabetes mellitus, type 2; depression; and REM sleep behavior disorder.
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